Conflicto entre el procedimiento abreviado y las garantías constitucionales.

Abstract

The plea bargaining was incorporated in the Ecuadorian legislation so that criminal proceedings have a rapid response and overcome the problem of judicial congestion. Some legal professionals consider it as an advance to the procedural system, since it manages to shorten the stages of the process, its substantiation depends on the negotiation made by the prosecutor and the defendant on the acceptance of the factual fact attributed and the suggested penalty, once the judge accepts the request for an abbreviated procedure, the latter must issue a condemnatory sentence, however, the purpose of obtaining procedural speed and, at the same time, ending the problems of the workload, are not justifiable reason for the violation of applicable principles in all criminal proceedings, for this reason the present titling work has the purpose of analyzing the rules and procedure of the abbreviated procedure to demonstrate its contradiction with principles established in the constitution and international treaties.